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§ 80. Reclamation of thing from illegal possession
- (1)
- An owner has a right of claim against anyone who possesses a thing of the owner without legal basis.
- (2)
- The claim of the owner shall be for recognition of the right of ownership and reclamation of the thing from illegal possession into the owner's possession.
§ 81. Proof of right of ownership
If an owner proves that the owner's ownership is created on a legal basis, this is sufficient for recognition of the right of ownership.
§ 82. Proof of possession
- (1)
- In the case of a dispute, the plaintiff shall prove that the defendant possesses a thing of the plaintiff.
- (2)
- If a possessor relinquishes possession with the purpose of being freed from an action, the court may deem the possessor a possessor regardless of the relinquishment.
§ 83. Objections to action
- (1)
- In order to contest a claim, the defendant shall prove that the plaintiff is not the owner, that the owner of the thing is the defendant, or that the defendant has the right to possess the thing on the basis of a real right or other right.
- (2)
- A direct possessor may contest a claim if the direct possessor notifies who the indirect possessor is, and the indirect possessor acknowledges possession.
- (3)
- A person specified in subsection 33 (3) may contest a claim by proving that the person possesses the thing on the basis of a dependency relationship, except if the person to whom the person is subordinate denies possession.
§ 84. Liability of defendant for thing and accessories
- (1)
- A thing shall be delivered to a plaintiff together with accessories.
- (2)
- If a defendant is a possessor in bad faith, the defendant is liable for the destruction and decrease in value of the thing and its accessories, except if the destruction or decrease in value would also have occurred in the case of possession by the plaintiff.
- (3)
- If a defendant is a possessor in good faith, the defendant is not liable for the destruction or decrease in value of the thing and its accessories if this occurs before the defendant becomes aware of the filing of the action. The defendant is liable for the destruction or decrease in value of the thing and its accessories which occur by the fault of the defendant after the defendant becomes aware of the filing of the action.
- (4)
- If a defendant transfers a thing during the court proceeding after the defendant became or should have become aware of the filing of the action, the defendant is liable as a possessor in bad faith, except if the transfer was absolutely necessary to prevent violation of the thing.
§ 85. Delivery of and compensation for fruit
- (1)
- A possessor in bad faith is required to deliver to the plaintiff all fruit received during possession of a thing. The possessor shall also compensate the plaintiff for the fruit not received which the plaintiff themself would have received in possession of the thing.
- (2)
- A possessor in good faith is required to deliver to the owner the fruit which the possessor has received up to the time the possessor becomes aware of the filing of the action and which is preserved up to that time. The provisions of subsection (1) of this section apply to fruit received or not received after the possessor becomes aware of the filing of the action.
- (3)
- A defendant has the right to refuse to deliver the fruit until satisfaction of a justified claim of the defendant for reimbursement of expenses (section 25).
- (4)
- A defendant does not have the right to refuse to deliver the fruit if the defendant obtained possession by an intentional violation of law.
§ 86. Place of delivery of movables
- (1)
- A movable shall be delivered to the place where the thing was at the time of receipt of the court notice of the filing of an action unless otherwise provided by a court judgment or agreement.
- (2)
- On the demand of the plaintiff, a possessor in bad faith is required to deliver a movable to the residence of the plaintiff or the place the possessor obtained possession of the thing.
§ 87. Compensation for price of delivered thing
- (1)
- A possessor shall deliver a thing to the plaintiff without charge. A possessor in good faith shall also not demand money from the plaintiff which the possessor paid for the thing, but the possessor may demand it from the person from whom the possessor obtained possession of the thing.
- (2)
- A defendant may demand compensation for payment of a thing from the plaintiff if the defendant intentionally took possession of the thing in the interest of the plaintiff in a situation where the thing would have been permanently lost to the plaintiff.
§ 88. Reimbursement of expenses to defendant
- (1)
- A defendant has the right to demand reimbursement from the plaintiff of expenses made on a thing and incurred for obtainment of fruit pursuant to sections 25 and 28.
- (2)
- A defendant has the right to demand reimbursement of expenses made by a previous possessor whose legal successor the defendant is to the extent that the previous possessor could have claimed if the previous possessor would have had to deliver the thing.
- (3)
- Upon delivery of an agricultural immovable, a plaintiff is required to reimburse expenses which the possessor has made for obtainment of yet unsevered fruit to the extent which corresponds to regular management and does not exceed the value of the fruit.
§ 89. Protection of ownership in case of violation unrelated to loss of possession
An owner has the right to demand elimination of any violation of the right of ownership even if the violation is not related to a loss of possession. If there is reason to presume recurrence of such violation, the owner may demand avoidance of the violation.
§ 90. Presumption of ownership of possessor
- (1)
- A possessor of a movable and any earlier possessor shall be deemed the owner of the thing during the possessor's possession until the contrary is proved.
- (2)
- In the case of indirect possession, the presumption specified in subsection (1) of this section is valid only with respect to an indirect possessor.
§ 91. (Repealed -17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
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